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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations environment, as CFAP payments will only be made after the commodity has been produced. Accordingly, the following Categorical Exclusion in 7
CFR part 1b applies: 1b.3a2, which applies to activities that deal solely with the funding of programs, such as program budget proposals, disbursements, and the transfer or reprogramming of funds. As such, the implementation of and participation in CFAP do not constitute major Federal actions that would significantly affect the quality of the human environment.
Therefore, an environmental assessment or environmental impact statement for this regulatory action, will not be prepared; this rule serves as documentation of the programmatic environmental compliance decision for this Federal action.
Executive Order 12372
Executive Order 12372, Intergovernmental Review of Federal Programs, requires consultation with State and local officials that would be directly affected by proposed Federal financial assistance. The objectives of the Executive order are to foster an intergovernmental partnership and a strengthened federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal financial assistance and direct Federal development. For reasons specified in the final rule related notice regarding 7
CFR part 3015, subpart V 48 FR 29115, June 24, 1983, the programs and activities in this rule are excluded from the scope of Executive Order 12372.

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Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule will not preempt State or local laws, regulations, or policies unless they represent an irreconcilable conflict with this rule.
Before any judicial actions may be brought regarding the provisions of this rule, the administrative appeal provisions of 7 CFR parts 11 and 780 are to be exhausted.
Executive Order 13132
This rule has been reviewed under Executive Order 13132, Federalism.
The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, except as required by law. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore,
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consultation with the States is not required.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. Executive Order 13175
requires Federal agencies to consult and coordinate with Tribes on a government-to-government basis on policies that have Tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
USDA has assessed the impact of this rule on Indian Tribes and determined that this rule does not, to our knowledge, have Tribal implications that required Tribal consultation under Executive Order 13175 at this time. If a Tribe requests consultation, the USDA
Office of Tribal Relations OTR will ensure meaningful consultation is provided where changes, additions, and modifications are not expressly mandated by law. Outside of Tribal consultation, USDA is working with Tribes to provide information about CFAP additional assistance and other issues.
Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 UMRA, Pub. L.
1044 requires Federal agencies to assess the effects of their regulatory actions of State, local, and Tribal governments or the private sector.
Agencies generally must prepare a written statement, including cost benefits analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local or Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule.
This rule contains no Federal mandates, as defined in Title II of UMRA, for State, local and Tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA.
Federal Assistance Programs The titles and numbers of the Federal Domestic Assistance Programs found in the Catalog of Federal Domestic
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Assistance to which this rule applies are:
10.130Coronavirus Food Assistance Program 1
10.132Coronavirus Food Assistance Program 2
Paperwork Reduction Act FSA is requesting emergency approval on the additional information collection required for this rule for CFAP to provide assistance for contract producers of chickens, eggs, turkeys, and swine and to provide additional assistance for other commodities as clarified in this rule. The additional assistance for swine producers who previously applied for assistance under 05600297 does not require any new information collection. All of the information collection uses forms currently approved under 05600297.
E-Government Act Compliance USDA is committed to complying with the E-Government Act to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.
List of Subjects in 7 CFR Part 9
Agricultural commodities, Agriculture, Disaster assistance, Indemnity payments.
For the reasons discussed above, this final rule amends 7 CFR part 9 as follows:
PART 9CORONAVIRUS FOOD
ASSISTANCE PROGRAM
1. Revise the authority citation for part 9 to read as follows:

Authority: 15 U.S.C. 714b and 714c;
Division B, Title I, Pub. L. 116136, 134 Stat.
505; and Division N, Title VII, Subtitle B, Chapter 1, Pub. L. 116260.

Subpart AGeneral Provisions 2. In 9.1, revise paragraphs a1 and 2 to read as follows:

9.1

Applicability and administration.

a
1 For assistance under subpart B of this part:
i On January 15, 2020, and remaining in the United States until sold, for livestock sold between January 15, 2020, and April 15, 2020; or ii On the applicable date selected for livestock in inventory between April 16, 2020, and May 14, 2020; and 2 For assistance under subpart C of this part, on the applicable date selected
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